Senator Sarah Henderson Shadow Communications Minister has called for immediate action to be taken by the Albanese Labor Government, to fix a major anti-siphoning law loophole that allows Facebook, Amazon Prime, Google, and Netflix to openly bid for sporting rights in Australia while not being governed by Australia’s anti-siphoning laws.

At this stage Free to air TV networks and the likes of Foxtel and Stan are prohibited from “siphoning” off directly to subscription TV operators sporting events such as AFL and NRL but the same laws do not apply to global digital platforms who are throwing hundreds of millions at gaining sporting rights around the world.

Recently the AFL announced a record $4.5 billion rights deal with the Seven Network and Foxtel however ChannelNews has been told that senior executives at Paramount in New York the owners of Paramount + and Network 10 in Australia were doing the bidding for the AFL rights which they were convinced they had secured only to be out bid by News Corp owned Foxtel and the Seven Network. This would have seen them gain control of a major sporting event in Australia.

After losing out to AFL Paramount are now going after Cricket rights according to sources.

Henderson claims it is concerning that the current anti-siphoning laws do not prevent a major sports body from selling “broadcast” rights directly to digital or streaming platforms such as Facebook, Amazon Prime, Google, and Netflix.

If the Albanese Government is interested in keeping iconic sports live and free for all Australians, it must fix this major loophole in the nation’s anti-siphoning laws Henderson claims.

Australia’s anti-siphoning laws are no longer fit for purpose. she claims.

Rather than conduct another review, Labor’s Communications Minister must act immediately to fix this loophole and update Australia’s anti-siphoning laws Henderson claims.

On 24 August 2022, knowing the AFL deal was imminent, Michelle Rowland committed only to release a discussion paper “in the coming weeks” but where is it? This Labor government has been caught asleep at the wheel Senator Henderson claimed.

The anti-siphoning list preserves the right of all Australians to watch major events on free to air television, accessible by 99 per cent of the population, ensuring equitable and free access to iconic sporting and cultural events.

As more Australians access super-fast broadband and subscription streaming services, there will be ongoing debate about which events should be so restricted.

However, the declaration by Labor’s Communications Minister that there should be no diminution in the number of free to air AFL games was both clumsy and opaque.

The anti-siphoning framework ensures that free to air networks are offered the listed sports first. There is no obligation to either broadcast these events on free to air, let alone broadcast a minimum number of games in any one sport.

There is certainly an argument that additional restrictions are required such as guaranteeing a minimum number of free to air games and ensuring that prime days on which events are held are not excluded. Personally, as an avid Geelong Cats fan, I am concerned that so few Saturday games will be broadcast free to air under the new AFL deal.